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(영문) 서울중앙지방법원 2017.10.31 2017가단5120878
양수금
Text

1. The Plaintiff:

A. Defendant A shall not exceed 25,676,736 won and its 13,198, within the scope of the property inherited from the network D.

Reasons

1. Basic facts

A. Pursuant to relevant Acts and subordinate statutes, the Plaintiff (formerly: the Credit Counseling and Recovery Fund) was transferred to the network D and his/her heir from a financial institution affiliated with the relevant agreement, all of the credit card loan claim, credit card use-price claim, cash service use-price claim, indemnity bond, general bond, refund loan claim, repayment loan claim, installment loan claim, and the right incidental thereto (interest bond, provisional payment, etc.).

B. The network D received loans, etc. from the financial institutions listed below (hereinafter “creditor financial institutions”) on the date indicated in the agreement date column, and the network D’s obligations until June 12, 2017 on the date indicated below are as indicated in the corresponding column.

C. The overdue interest rate related to loan transactions is to be governed by each creditor financial institution, and the overdue interest rate shall exceed 15% in total.

Creditor financial institutions transferred the above bonds to the Plaintiff pursuant to the provisions of Article 7 (1) of the Asset-Backed Securitization Act (the Asset-Backed Securitization Act), and the Plaintiff notified the deceased D of its purport immediately after the transfer.

E. On March 11, 2017, the network D died, and accordingly, the Defendant A and C, who is the spouse of the network D, were the inheritor of the network D’s property, and the Defendants were determined to accept the report of inheritance recognition in the Suwon District Court Decision 2017Ra1454 Special Inheritance Approval Trial.

[Reasons for Recognition] The Defendants Confession (Article 288 of the Civil Procedure Act)

2. According to the above facts of determination, Defendant A is obligated to pay to the Plaintiff KRW 25,676,736 (=5,912,385 x 3/7) and KRW 13,198,431 (i.e., KRW 30,796,341 x 3/7) within the scope of the property inherited from the network D, and to pay damages for delay at the rate of KRW 17,117,824 (= KRW 59,912,385 x 2/7) and KRW 8,798,954 among them (= KRW 30,796,341 x 3412 x 7) within the scope of the property inherited from the network D, as calculated at the rate of 15% per annum from June 13, 2017 to the date of full payment.

3. Conclusion.

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